Agenda Packet 3-12-13.pdfCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
6:00 P.M., MARCH 12, 2013
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. A. Approval of the Minutes of the Special Called Code Enforcement Meeting
held on December 17, 2012.
B. Approval of the Minutes of the Regular Code Enforcement Meeting held on
January 8, 2013.
2. Administration of Oath to Defendants/Witnesses.
3. Old Business
A. Thomas J. Bennett, Jr. appeal of fines.
146 -148 W. 14th Street, Thomas J. Bennett, Jr., Case # 62112: violation of
International Property Maintenance Code, Sec 304.2 Protective Treatment; Sec.
304.7 Roofs and drainage and Sec. 304.6 Exterior Walls.
B. Brent Starzacher, Archipelago Immobillen, LLC appeal on fines accrued.
740 Sailfish Drive, (Previous owner Melinda Flores), Case # 43810: violation of
Atlantic Beach City Code, Sec. 24 -173 Neighborhood Preservation and property
maintenance standards; violation of International Property Maintenance Code, Sec.
304.2 Protective treatment and Sec. 304.6 Exterior walls.
4. New Business
A. 501 Mayport Road, Regina Rosenstein Trust, Case # 72612: violation of
Atlantic Beach City Code, Sec. 24 -160 Dumpster, Garbage Container (Dumpster
Enclosure).
B. 1400 Mayport Road, 1400 Mayport Road LLC, Case # 92112: violation of
International Property Maintenance Code, Sec. 302.8 Motor Vehicles and Sec.
308.1 Accumulation of rubbish or garbage.
C. 750 Cavalla Road, Federal National Mortgage Association, Case # 313:
violation of International Property Maintenance Code, Sec. 302.8 Motor Vehicles.
D. 1842 Forsyth Court, Bith G. Rangdit, Case # 87512: violation of International
Property Maintenance Code, Sec. 302.8 Motor Vehicles.
E, 1830 Mayport Road, Ossi Klotz LLC, Case # 89412: violation of International
Property Maintenance Code, Sec. 302.8 Motor Vehicles.
F. 348 W. Dutton Island Road, Tina L. Masters, Case # 84212: violation of
Atlantic Beach City Code, Sec. 24 -163 Storage and parking of commercial
vehicles and recreational vehicles and equipment and repair of vehicles in
residential zoning districts; Sec. 12 -1 Nuisances Enumeration and Sec. 24 -173
Neighborhood Preservation and property maintenance standards.
G. 363 Skate Road, Morequity, Inc., Case # 90612: violation of International
Property Maintenance Code, Sec. 304.7 Roofs and drainage and Sec. 302.8 Motor
Vehicles.
H. 89 W. 4th Street, Theresa P. Russell, Case # 83812: violation of International
Property Maintenance Code, Sec. 302.8 Motor Vehicles; violation of Atlantic
Beach City Code, Sec. 24- 107(b) Residential, two-family district (RG); Sec. 20-
52. Business License Tax Levy; Sec. 24 -157. Fences, walls and similar structures;
Section 24 -173. Neighborhood preservation and property maintenance standards
and Sec. 12 -1 Nuisances - Enumeration.
5. Miscellaneous Business
None
6. Adjournment
CITY OF ATLANTIC BEACH
SPECIAL CALLED MEETING
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — December 17, 2012
IN ATTENDANCE:
Veda Harless, Chair
Alan Jensen, City Attorney
Meade Coplan
Suzanne Green, Prosecuting Attorney
Ian Luthringer
Dayna Williams, Secretary
Richard Ouellette
Benjamin de Luna
ALSO IN ATTENDANCE:
John Stinson, Alternate
Vic Gualillo, Commander
Kelley Caton, Animal Control Officer
ABSENT:
Juliette Hagist (Excused)
Nicholas Dodaro (Excused)
Chair Veda Harless called the meeting to order at 6:05 p.m., followed by the Pledge of
Allegiance to the Flag.
Secretary Dayna Williams read the roll, finding a quorum was present.
1. Approval of Minutes
Motion: Approve minutes of the Special Called Code Enforcement Board Meeting of
November 14, 2012.
Moved by de Luna, Seconded by Ouellette
The motion was approved unanimously.
2. Administration of Oath to Defendants/Witnesses
Chair Veda Harless gave the oath to the defendants and witnesses.
3. New Business
A. 1640 Beach Avenue, Brian and Leslie Platock, Police Case 912- 19568: Atlantic
Beach City Code, Chapter 4, Sec. 4 -10 Dangerous Dog.
Prosecuting Attorney Suzanne Green stated we had Attorney P. Campbell Ford before the Board
representing Ms. Platock. Ms. Green stated we are going forward today with the Dangerous Dog
Ordinance 4 -10 (1) (d). Ms. Green further stated we also have evidence of (1) (a) and the Board
needs to consider both of those. Ms. Green called Bobbie Jo Hunter and asked the witness to
state her name and address. The witness stated Bobbie Jo Hunter, 706 Kestner Road, Atlantic
Beach, Florida. Ms. Hunter gave her testimony stating she sustained injuries on her left thigh,
which had deep puncture wounds, her knee was injured from the impact and she had an MRI.
She further stated it was just soft tissue, no ligaments were torn and she could not walk for three
weeks. Ms. Hunter stated her left arm has a deep bite gash and is still healing. Ms. Green asked
if she received medical attention and the witness stated yes. Ms. Green asked if Ms. Hunter had
to get some therapy as a result of this incident. Ms. Hunter stated she has had acupuncture,
massage work, deep tissue work and trauma counseling. Ms. Green stated a police report was
made of the incident and introduced it as Exhibit 1. Ms. Green stated the police report states Ms.
Hunter did not report this incident to the City for a week and would she please explain what
happened. Ms. Hunter stated when she was at Care Spot for treatment they required she fill out a
dog bite report as required by law. Ms. Hunter stated the staff at Care Spot told her they would
turn it into the police and she assumed that had been done. The witness stated she followed up a
week later and found out Care Spot had not submitted it to the police and that is when she
contacted Animal Control. Ms. Green stated there were some pictures taken of Ms. Hunter's
injuries and asked the witness who took them. The witness stated Andrew Carey. Ms. Green
displayed the pictures and asked Ms. Hunter when they were taken. The witness stated they
were taken right after the incident.
Attorney Campbell Ford then questioned the witness regarding the number of bites stated in the
medical report and the number of bites stated in the affidavit given by Ms. Hunter. Ms. Green
submitted Ms. Hunter's affidavit as Exhibit 2. Mr. Ford submitted the medical report as Exhibit
3 and the door hanger left on the Platock's front door as Exhibit 4, stating it clearly states a dog
bite, not multiple bites. The witness was dismissed.
Ms. Green called Andrew Carey and asked him to state his name and address for the record. The
witness stated Andrew Carey, 706 Kestner Road, Atlantic Beach. Ms. Green asked the
witness several questions and he gave his testimony.
Ms. Green submitted Chief Classey's letter to the Platock's as Exhibit 5. The letter was a
declaration from the City of Atlantic Beach determining their dog fit the description of a
dangerous dog. Ms. Green called Kelly Caton and asked the witness to state her name and
position. The witness stated Kelly Caton, Animal Control Officer for the City of Atlantic
Beach. Ms. Green asked the witness to describe the report she submitted regarding the incident
of November 11, 2012 and Ms. Caton gave her testimony of the incident. Ms. Green asked the
witness if she submitted an Animal Complaint Affidavit and Ms. Caton stated yes. Ms. Green
tendered the affidavit as Exhibit 7. Ms. Green then tendered a picture the witness had taken of
the dog as Exhibit 6.
Mr. Ford questioned Ms. Caton and submitted an affidavit from veterinarian, Dr. Green, as
Exhibit 8. Mr. Ford read from the affidavit stating Dr. Green has never experienced any
aggressive tendencies with Hurley, the Platock's dog. The witness was dismissed.
Mr. Ford called Ms. Platock and asked her to state her name and address. The witness stated
Leslie Platock, 1640 Beach Avenue. Mr. Ford asked the witness to state her profession and Ms.
Platock stated she was a dentist and has been in practice for twenty years. Mr. Ford asked if she
had ever had any prior problems with her dog, Hurley, and she stated no. Mr. Ford explained the
pictures that had been submitted in Exhibit 8. Mr. Ford asked the witness if she saw any injuries
on the dog. Ms. Platock stated when she returned from Care Spot she noticed Hurley's left front
paw had some blood on it and he was limping. Ms. Platock stated she had not noticed this before
the incident and believes Ms. Hunter may have run over his paw.
Mr. Ford continued to discuss the events of the incident with Ms. Platock, submitting a series of
email exchanges from Ms. Hunter and Ms. Platock as Exhibit 9. Chair Harless asked Ms.
Platock if her dog bit Ms. Hunter. Ms. Platock stated yes, but she also believes Ms. Hunter ran
over Hurley's paw, so the incident was not unprovoked. Chair Harless asked the witness if she
had any idea how Hurley got out of his collar and she stated no. Mr. Ford continued to debate
the fact that Hurley ran from the right to the left and it was Ms. Hunter's left thigh and arm that
were bitten. Discussion continued regarding the injury to Hurley's left paw and speculation
Draft Minutes of the Code Enforcement Board on December 17, 2012 Page 2 of 4
whether Ms. Hunter ran over his paw causing the incident to occur. Further discussion ensued.
Ms. Coplan asked the witness if they should find in Hurley's favor would she be handling him
any differently. Ms. Platock stated they would like to build a fence so this would never happen
in the future. Mr. de Luna asked if Hurley was aggressive to other dogs or people when they
take him for walks and the witness stated no. Ms. Platock stated he is a very sweet and loving
dog. Mr. Ford submitted eight affidavits from the Platock's neighbors as Exhibit 10.
Ms. Green showed Ms. Platock the Care Spot report the Board had been discussing and asked if
the part labeled diagnosis states there was a dog bite on the left hip and left forearm. The witness
stated yes it does. Ms. Green further questioned the witness. Ms. Green asked the witness if she
would admit that there was a bite, the dog came off property onto the street and approached the
rollerblader and the witness stated yes.
Ms. Coplan asked Ms. Platock to clarify if she volunteered to pay all the medical expenses for
Ms. Hunter. Ms. Platock stated they paid for the treatment at Care Spot, acupuncture treatments,
herbal tonics and some probiotics Ms. Hunter requested. She further stated she did not know
what to do when Ms. Hunter became concerned about her loss of income, so they now have their
insurance company helping Ms. Hunter with that. Ms. Platock stated she was concerned and did
not want Ms. Hunter to have any problems from what had happened.
Mr. Ford called Mr. Platock and asked him to state his name and address for the record. The
witness stated Brian Platock, 1640 Beach Avenue. Mr. Ford questioned Mr. Platock about this
incident. Mr. Platock testified to his account of the incident.
Mr. Ford called Chris Anderson. Chair Harless asked the witness to state his name and address
for the record. The witness stated Chris Anderson and he lives close to the Platocks on Coral
Street. The witness stated he did not see the incident, but he is familiar with the intersection
where the incident tools place. Mr. de Luna asked if he had walked the dog or had any kind of
interaction with him. The witness stated he has walked by and pet the dog and has never seen
any type of aggressive behavior. Mr. Stinson stated the dog knows you; how does he react to
strangers. Mr. Anderson stated he sees people going by on rollerblades, skateboards, pedestrians
and joggers and the dog never even moves toward people. Ms. Green asked the witness if he
saw the incident and the witness stated no. Ms. Green stated, for the record, the witness did not
see the incident, was not there, does not know how the dog got off leash and into the street and
does not know if the dog was unprovoked, and the witness stated that is correct.
Mr. Ford called Jason Rodriguez and asked him to state his name and address. The witness
stated Jason Rodriguez, 1785 Selva Marina Drive. Mr. Ford asked what his relationship was
to the Platocks. The witness stated they were friends and his children go to school with theirs.
Mr. Ford asked if he had any fears or concerns with letting his children be around Hurley and the
witness stated not at all. Mr. de Luna further questioned Mr. Rodriguez.
Chair Harless asked Mr. Ford if he had anything else and he stated no. Ms. Green asked if the
Board had any questions for Ms. Hunter. Ms. Coplan questioned Ms. Hunter. Ms. Green stated
she understands the Board asked Ms. Hunter's opinion and stated the Board has to follow the
Ordinance; but she wanted to know if Ms. Hunter has concerns that this dog will bite again. The
witness stated she thinks this dog, like a lot of dogs, gets agitated by skaters and needs to be in an
area where it does not see skaters all the time. The witness stated she is not terrified of this dog
and skates by there every Sunday morning. Discussion ensued. Mr. Ford asked the witness if
Draft Minutes of the Code Enforcement Board on December 17, 2012 Page 3 of 4
she was aware the City of Atlantic Beach was going to go forward with this proceeding after she
gave her sworn affidavit. The witness stated she did not. Ms. Hunter stated it was just a matter
of record and she thought she had to give a sworn affidavit in order to file an insurance claim.
Mr. Ford continued questioning the witness and her motives. The witness maintained she
thought she was following the proper procedure necessary to file a homeowner's insurance
claim. Mr. Ford stated he had no further questions.
Chair Harless stated, after hearing the evidence, it was her belief this was an unfortunate accident
and she was ready to make a motion.
Motion: The Board finds the doe, Hurley, owned by Brian and Leslie Platock, not be
declared as a danIZerous dog.
Moved by Harless, Seconded by Coplan
Mr. de Luna stated he would like to add some points and stated he was sorry Ms. Hunter was
injured. Mr. de Luna stated we had testimony the dog was hurt and did not have any evidence to
the contrary. Mr. de Luna stated it would have been valuable if Ms. Caton had had the
opportunity to see the dog. Mr. de Luna stated his vote would be in the affirmative for the
motion because he did not see the evidence here. Mr. Luthringer stated the City brought this
under Ordinance 4 -10 (1) (a) and (1) (d). Mr. Luthringer stated based on prior expert testimony
we have had in other cases, which is now part of our knowledge base that we can reflect on; he
believes we do not have enough here to determine this was an aggressive bite. Mr. Luthringer
stated counsel has done a good job in malting clear this may not have been an aggressive bite.
Mr. Luthringer further stated that under (1) (a) he would say this is not a dangerous dog.
However, under (1) (d) we do know the dog left its property, approached somebody in the street
and then bit somebody. Mr. Luthringer stated based on (1) (d) he would find that it is a
dangerous dog and votes to deny the motion. Chair Harless stated Mr. Luthringer has made
some good points, but she felt this is an unfortunate situation and reiterated her motion that this
dog be deemed not dangerous. Discussion ensued and a vote was taken.
Votes:
Aye: - 5 - Harless, Coplan, Stinson, de Luna, Ouellette
Nay: - 1 - Luthringer
Motion Carried
4. Miscellaneous Business
None
5. Adjournment
There being no further discussion, the meeting adjourned at 9:45 p.m.
Veda Harless, Chair
Dayna L. Williams, Secretary
Draft Minutes of the Code Enforcement Board on December 17, 2012 Page 4 of 4
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — January 8, 2013
IN ATTENDANCE:
Veda Harless, Chair
Juliette Hagist
Ian Luthringer
Richard Ouellette
Meade Coplan
ABSENT:
Benjamin de Luna (Excused)
Nicholas Dodaro (Excused)
John Stinson, Alternate (Excused)
Alan Jensen, City Attorney
Deborah White, Code Enforcement Officer
Mike Griffin, Building and Zoning Director
Dayna Williams, Secretary
Chair Veda Harless called the meeting to order at 6:01 p.m., followed by the Pledge of
Allegiance to the Flag.
Secretary Dayna Williams read the roll, finding a quorum was present.
1. Approval of Minutes
Motion: Approve minutes of the Special Called Code Enforcement Board Meeting of
November 19, 2012.
Moved by Ouellette, Seconded by Coplan
The motion was approved unanimously.
2. Administration of Oath to Defendants/Witnesses
Chair Veda Harless gave the oath to the defendants and witnesses.
3. Old Business
None
4. New Business
A. 735 Bonita Road, Kimberly Peters, Case #67512: violation of Atlantic Beach
City Code, Sec. 24 -173 Neighborhood Preserwation.
Code Enforcement Officer Debbie White presented the case, stating ownership was determined
by the tax records for Duval County; her inspection was prompted by a routine survey; proper
notice was achieved by certified mail in accordance with F.S. 162; and she has not spoken with
someone in control of the property. Ms. White stated the description of the violation would be
outside storage of household items. Ms. White advised the Board of an Order attached to their
Officer Statement and stated this is a repeat violation per Order, Case #53611, which was
ordered March 13, 2012 for the same violation. Ms. White presented photos of the property
taken on September 12, 2012 and January 8, 2013. Ms. White stated the property has been
substantially cleaned up with the exception of items covered by a blue tarp and an aquarium on a
stand.
Staff recommends the Board find the property owner in violation and order that compliance be
obtained by removal of all household items including the fish aquarium and the pile of
belongings under the blue tarp stored in the front yard by January 18, 2013 or a fine of $250.00
be imposed for the first day and $250.00 for every day thereafter the violation continues to exist.
In addition, any fine shall also include the administrative costs to the City incurred in prosecuting
this case. The property owner is responsible for contacting the City Code Enforcement Officer
and obtaining an inspection of compliance.
Ms. White answered questions from the Board. Ms. White stated she recommended the higher
fine as this is a repeat violation. Discussion ensued.
MOTION: The Board finds the property owner in violation and orders that compliance be
obtained as set forth in the staff recommendation on or before January 18, 2013 or a fine of
$250.00 be imposed for the first day and $250.00 for every day thereafter the violation
continues to exists. In addition, any fine shall also include the administrative costs to the
City incurred in prosecuting this case. The property owner is responsible for contacting the
City Code Enforcement Officer and obtaining an inspection of compliance.
Moved by Luthringer, Seconded by Hagist
The motion was approved unanimously.
B. 742 -748 Cavalla Road, John S. Wilburth, Case #76712: violation of
International Property Maintenance Code, Sec. 302.8 Motor Vehicles,% violation
of Atlantic Beach City Code, Sec. 24 -173 Neighborhood Preservation.
Ms. White presented the case, stating ownership was determined by the tax records for Duval
County; her inspection was prompted by a complaint; proper notice was achieved by certified
mail in accordance with F.S. 162; and she has spoken with someone in control of the property.
Ms. White stated the original violations included numerous, inoperable and dismantled vehicles
and neighborhood property preservation. Ms. White stated the second violation for
neighborhood preservation has been corrected. Ms. White presented photos of the property
taken on August 9, 2012, December 4, 2012 and January 8, 2013.
Staff recommends the Board find the property owner in violation for the time he was in
violation. She further stated the property owner is now in compliance. Ms. White explained to
the Board to make a repeat violation the individual must have been brought before the Board
previously for the same case and same owner. Ms. White further explained once the Board finds
the property owner in violation, if this re- occurs, she is able to bring the property owner to the
Board without sending a letter allowing more time to correct the violation. Discussion ensued.
Mr. Luthringer asked when her original inspection was when she found it in violation. Ms.
White stated she spoke to the tenant in August 2012 and she sent Mr. Wilburth a letter on
October 26, 2012.
MOTION: The Board finds the property owner was in violation of IPMC, Sec. 302.8 and
Atlantic Beach City Code Ordinance, Sec. 24 -173 between the dates of October 26, 2012
and January 8, 2013 and that compliance was obtained on January 8, 2013. The property
shall continue to be maintained according to the standards of such provisions going
forward.
Moved by Luthringer, Seconded by Ouellette
The motion was approved unanimously.
Draft Minutes of the Code Enforcement Board on January 8, 2013 Page 2 of 8
Chair Harless recognized a visitor who arrived at 6:12 p.m. and asked if they would be giving
testimony at the meeting. Chair Harless gave the oath to the witness at 6:17 p.m.
C. 141 Jasmine Street, W. Glenn Jackson, Case 481212: violation of International
Property Maintenance Code, Sec. 302.8 Motor Vehicles.
Ms. White presented the case, stating ownership was determined by the tax records for Duval
County; her inspection was prompted by a routine survey; proper notice was achieved by
certified mail in accordance with F.S. 162; and she has spoken with someone in control of the
property. Ms. White stated the violation is for an inoperable, unlicensed Eagle Vision and
presented photos of the vehicle taken December 4, 2012 and January 8, 2013. Discussion
ensued.
Staff recommends the Board find the property owner in violation and order that compliance be
obtained by removing the inoperable, unlicensed vehicle or make operable and obtain current
tag /registration and display tag on vehicle by January 18, 2013 or a fine of $100.00 be imposed
for the first day and $100.00 for every day thereafter the violation continues to exist. In addition,
any fine shall also include the administrative costs to the City incurred in prosecuting this case.
The property owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.
Mr. Luthringer asked Mr. Jensen, since it was already of record, could the Board motion to adopt
the staff's recommendation as stated, and Mr. Jensen stated yes.
MOTION: The Board finds the property owner in violation and orders that compliance be
obtained by removing the inoperable, unlicensed vehicle or make operable and obtain
current tag /registration and display tag on vehicle by January 18, 2013 or a fine of $100.00
be imposed for the first day and $100.00 for every day thereafter the violation continues to
exist. In addition, any fine shall also include the administrative costs to the City incurred
in prosecuting this case. The property owner is responsible for contacting the City Code
Enforcement Officer and obtaining an inspection of compliance.
Moved by Luthringer, Seconded by Ouellette
The motion was approved unanimously.
D. 831 Bonita Road, Winston Cunningham, Case #78412: violation of Atlantic
Beach City Code, Sec. 24 -173 Neighborhood Preservation.
Ms. White presented the case, stating ownership was determined by the tax records for Duval
County; her inspection was prompted by a routine survey; proper notice was achieved by
certified mail in accordance with F.S. 162; and she has not spoken with someone in control of
the property. Ms. White stated the violation is outside storage of household items and furniture
in the carport. Ms. White presented several photos of the property and discussion ensued.
Staff recommends the Board find the property owner in violation and order that compliance be
obtained by removing all household items and furniture stored in the carport by February 8,
2013, or a fine of $100.00 be imposed for the first day and $100.00 for every day thereafter the
violation continues to exist. In addition, any fine shall also include the administrative costs to
Draft Minutes of the Code Enforcement Board on January 8, 2013 Page 3 of 8
the City incurred in prosecuting this case. The property owner is responsible for contacting the
City Code Enforcement Officer and obtaining an inspection of compliance.
MOTION: The Board finds the property owner in violation and orders that compliance be
obtained by removing all household items and furniture stored in the carport by February
8, 2013, or a fine of $100.00 be imposed for the first day and $100.00 for every day
thereafter the violation continues to exist. In addition, any fine shall also include the
administrative costs to the City incurred in prosecuting this case. The property owner is
responsible for contacting the City Code Enforcement Officer and obtaining an inspection
of compliance.
Moved by Luthringer, Seconded by Ouellette
The motion was approved unanimously.
E. 1990 Park Street, Willie F. Miley, ET AL, Case #79512: violation of
International Property Maintenance Code, Sec. 302.8 Motor• Vehicles.
Ms. White presented the case, stating ownership was determined by the tax records for Duval
County; her inspection was prompted by a routine survey; proper notice was achieved by
certified mail in accordance with F.S. 162; and she has not spoken with someone in control of
the property. Ms. White stated the violation is an unlicensed, inoperable white Ford vehicle
stored in the rear yard. Ms. White presented photos of the vehicle and discussion ensued
Staff recommends the Board find the property owner in violation and order that compliance be
obtained by moving the vehicle to verify vehicle is operable on or before February 8, 2013 or a
fine of $100.00 be imposed for the first day and $100.00 for every day thereafter the violation
continues to exist. In addition, any fine shall also include the administrative costs to the City
incurred in prosecuting this case. The property owner is responsible for contacting the City Code
Enforcement Officer and obtaining an inspection of compliance.
MOTION: The Board finds the property owner in violation and orders that compliance be
obtained by moving the vehicle to verify vehicle is operable on or before February 8, 2013
or a fine of $100.00 be imposed for the first day and $100.00 for every day thereafter the
violation continues to exist. In addition, any fine shall also include the administrative costs
to the City incurred in prosecuting this case. The property owner is responsible for
contacting the City Code Enforcement Officer and obtaining an inspection of compliance.
Moved by Luthringer, Seconded by Hagist
The motion was approved unanimously.
F. 44 Jackson Road, Darryl Lamar and Lacreshia D. Harris, Case #61212: violation
of International Property Maintenance Code, Sec. 301.3 Vacant structures and land; Sec. 304.7
Roofs and Drainage; Sec. 304.2 Protective Treatment; Sec. 604.3 Electrical System Hazards.
Ms. White presented the case, stating ownership was determined by the tax records for Duval
County; her inspection was prompted by a routine survey; proper notice was achieved by
certified mail in accordance with F.S. 162; and she has spoken with someone in control of the
property. Ms. White presented photos of the property taken August 2, 2012, December 4, 2012
and January 8, 2013. Ms. White stated Ms. Harris was present at the meeting and would like to
address the Board.
Draft Minutes of the Code Enforcement Board on January 8, 2013 Page 4 of 8
Chair Harless asked the witness to please state her name. The witness stated Lacreshia Harris,
the property owner, along with her husband. Ms. Harris stated she inherited the property from
her grandmother and she has not been able to invest a lot of resources into the property, but
would lilce the opportunity to correct it. Discussion ensued regarding how much time would be
required for Ms. Harris to come into compliance.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by maintaining the abandoned structure that is partially boarded, replace the roof
including rotted gable ends, paint wood trim, porches, posts, gable ends, eaves and soffit and all
other wood elements, meter can loose from wall and obtain the services of State of Florida
Licensed contractors (electrical and roofing) with permits by July. 8, 2013 or a fine of $100.00
be imposed for the first day and $100.00 for every day thereafter the violation continues to exist.
In addition, any fine shall also include the administrative costs to the City incurred in prosecuting
this case. The property owner is responsible for contacting the City Code Enforcement Officer
and obtaining an inspection of compliance.
MOTION: The Board finds the property owner in violation and orders that compliance be
achieved by maintaining the abandoned structure that is partially boarded, replace the
roof including rotted gable ends, paint wood trim, porches, posts, gable ends, eaves and
soffit and all other wood elements, meter can loose from wall and obtain the services of
State of Florida Licensed contractors (electrical and roofing) with permits by July. 8, 2013
or a fine of $100.00 be imposed for the first day and $100.00 for every day thereafter the
violation continues to exist. In addition, any fine shall also include the administrative costs
to the City incurred in prosecuting this case. The property owner is responsible for
contacting the City Code Enforcement Officer and obtaining an inspection of compliance.
Moved by Luthringer, Seconded by Coplan
The motion was approved unanimously.
G. 1500 Main Street, Cemetary Professionals, LLC, Case #67612: violation of
Atlantic Beach City Code, Sec. 6 -16 Florida Building Code Adopted; FBC Sec.
105.1 Permit Required.
Ms. White presented the case, stating ownership was determined by the tax records for Duval
County; her inspection was prompted by a complaint; proper notice was achieved by certified
mail in accordance with F.S. 162; and she has spoken with someone in control of the property.
Ms. White stated the violations include a 628 S.F. wood frame addition added to the back of the
cemetery office and 725 S.F. of additional concrete walkways and patios, all of which were
installed without permits.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by obtaining permits for construction of the addition and walkway /patios by State of
Florida licensed contractors with signed applications, signed and sealed architectural plans,
engineering, energy calculations, site plan, affidavit from State of Florida licensed engineer
certifying the existing foundation system is adequate, and other documents as required and
obtain permits and approval from the Fire Department or remove the structure and concrete
walkway /patios installed without permits by February 8, 2013, or a fine of $100.00 be imposed
for the first day and $100.00 for every day thereafter the violation continues to exist. In addition,
any fine shall also include the administrative costs to the City incurred in prosecuting this case.
Draft Minutes of the Code Enforcement Board on January 8, 2013 Page 5 of 8
The property owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.
Ms. White presented pictures of the addition on August 22, 2012 and January 8, 2013. Ms.
White stated the architect for the cemetery, Mr. Gray, is here and would like to address the
Board. Ms. White stated Mr. Gray submitted some architectural drawings, but they were not
sufficient, but he has brought more this evening. The witness came to the podium and stated his
name is Bob Gray, the architect for the cemetery. Mr. Gray stated he submitted drawings in
October and, basically, the violation Ms. White is talking about is not having the permit. Mr.
Gray explained the problems the property owner has dealt with and the reasons for the delay of
the project once he was on board. Mr. Gray further explained why he would like an extension
beyond the 30 days given by Ms. White. Discussion ensued.
MOTION: The Board finds the property owner in violation and orders that compliance be
achieved by obtaining permits for construction of the addition and walkway /patios by State
of Florida licensed contractors with signed applications, signed and sealed architectural
plans, engineering, energy calculations, site plan, affidavit from State of Florida licensed
engineer certifying the existing foundation system is adequate, and other documents as
required and obtain permits and approval from the Fire Department or remove the
structure and concrete wallcway /patios installed without permits by March 8, 2013, or a
fine of $100.00 be imposed for the first day and $100.00 for every day thereafter the
violation continues to exist. In addition, any fine shall also include the administrative costs
to the City incurred in prosecuting this case. The property owner is responsible for
contacting the City Code Enforcement Officer and obtaining an inspection of compliance.
Moved by Luthringer, Seconded by Ouellette
The motion was approved unanimously.
H. 43 Stanley Road, Yousef Sultani:
1.) Case #66012: violation of Atlantic Beach City Code, Sec. 24 -173
Neighborhood Preservation.
Ms. White presented the case, stating ownership was determined by the tax records for Duval
County; her inspection was prompted by a complaint; proper notice was achieved by certified
mail in accordance with F.S. 162; and she has spoken with someone in control of the property.
Ms. White presented photos of the property stating the description of the violation as trash
debris, lumber and construction materials stored on site.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by removal of all trash, lumber and construction materials and debris by February 8,
2013 or a fine of $100.00 be imposed for the first day and $100.00 for every day thereafter the
violation continues to exist. In addition, any fine shall also include the administrative costs to
the City incurred in prosecuting this case. The property owner is responsible for contacting the
City Code Enforcement Officer and obtaining an inspection of compliance.
Ms. White stated Mr. Sultani was present and would like to address the Board. The witness
came to the podium and Chair Harless asked him to state his name for the record. The witness
stated Yousef Sultani. Mr. Sultani gave his testimony stating the trash has been cleaned up and
taken care of. Discussion ensued.
Draft Minutes of the Code Enforcement Board on January 8, 2013 Page 6 of 8
(A motion was made for all three cases for 43 Stanley Road after the last case was heard.)
2.) Case 466112: violation of Atlantic Beach City Code, Sec. 6 -16 Florida
Building Code Adopted; FBC Sec. 105.1 Permits Required; violation of Atlantic
Beach City Code, Sec. 24 -151 (2) C Accessory Structures and Uses; violation of
Atlantic Beach City Code, Sec. 24 -157 Fences, Walls, and Similar Structures;
Sec. 24- 157(B) Fence Height and Location.
Ms. White presented the case, stating ownership was determined by the tax records for Duval
County; her inspection was prompted by a complaint; proper notice was achieved by certified
mail in accordance with F.S. 162; and she has spoken with someone in control of the property
Ms. White stated the description of the violation is the installation and construction of fencing
that exceeds the maximum height allowed and not in accordance with the permit issued. She
further stated construction of a carport structure along the entire easterly property line from lot
line in front, side and rear with concrete block wall and column construction without the required
permits or inspections and not in accordance with Florida Building Code. Ms. White presented
photos of the property and discussion ensued.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by removing all fencing installed in the front yard that is over 4' in height and remove
the unpermitted, improperly installed carport structure along the easterly lot line including the
concrete block columns and concrete block walls and remove all debris from the premises on or
before Feb. 8, 2013 or a fine of $100.00 be imposed for the first day and $100.00 for every day
thereafter the violation continues to exist. In addition, any fine shall also include the
administrative costs to the City incurred in prosecuting this case. The property owner is
responsible for contacting the City Code Enforcement Officer and obtaining an inspection of
compliance.
(A motion was made for all three cases for 43 Stanley Road after the last cases was heard.)
3.) Case 466212: violation of Atlantic Beach City Code, Sec. 6 -16 Florida
Building Code Adopted; FBC Sec. 105.1 Permits Required; FBC Sec. 110.4
Certificate of Completion.
Ms. White presented the case, stating ownership was determined by the tax records for Duval
County; her inspection was prompted by a complaint; proper notice was achieved by certified
mail in accordance with F.S. 162; and she has spoken with someone in control of the property.
Ms. White gave a description of the violation, stating the building permit for the detached
accessory structure has expired, engineering on the doors installed has not been submitted or
approved, electrical work was performed inside without benefit of an electrical permit and the
structure is being used without the required certificate of completion and an approved inspection
by the Fire Department.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by renewing building permit #11 -1633 and obtain the services of a licensed electrical
contractor to obtain a permit and approved inspections and submit Florida Product approval
information on the doors that were installed. Schedule an inspection with the Fire Department
Draft Minutes of the Code Enforcement Board on January 8, 2013 Page 7 of 8
and a certificate of completion and obtain all approvals by Feb. 8, 2013 or a fine of $100.00 be
imposed for the first day and $100.00 for every day thereafter the violation continues to exist. In
addition, any fine shall also include the administrative costs to the City incurred in prosecuting
this case. The property owner is responsible for contacting the City Code Enforcement Officer
and obtaining an inspection of compliance.
Mr. Luthringer asked Mr. Sultan if he wished to address the Board and the witness stated yes.
Mr. Sultani gave his testimony and discussion ensued. Chair Harless asked the witness what
amount of time he felt was necessary to complete the work and discussion ensued.
MOTION for Cases 466012, 466112, 466212: The Board adopts the staffs recommendation
for 43 Stanley Road with the exception that the date of compliance shall be May 8, 2013.
Moved by Luthringer, Seconded by Ouellette
Mr. Ouellette stated he felt the Board should give Mr. Sultani enough time to correct these
problems and he did not think four months was adequate and moved to amend the motion
AMENDED MOTION: Extend the date of compliance to July 8, 2013.
Moved by Ouellette, Seconded by Luthringer
The motion was approved unanimously.
5. Miscellaneous Business
None
6. Adjournment
There being no further discussion, the meeting adjourned at 7:27 p.m.
Veda Harless, Chair
Dayna L. Williams, Secretary
Draft Minutes of the Code Enforcement Board on January 8, 2013 Page 8 of 8